Can you limit an express warranty?
Article 2 of the Uniform Commercial Code (UCC) recognizes both express warranties and implied warranties of quality in the sale of goods. Within specific limits, the UCC permits sellers to exclude or modify implied warranties. When it comes to disclaiming express warranties, the UCC is not so explicit. However, sellers of goods sometimes inquire about the possibility of doing so and whether such disclaimers are enforceable. This essay attempts to answer these questions. Show Keywords: UCC, Uniform Commercial Code, express warranty, disclaimer, sales, contracts JEL Classification: K10, K12 Suggested Citation: Suggested Citation Saunders, Kurt M., Can You Ever Disclaim an Express Warranty? (April 1, 2016). The Journal of Business, Entrepreneurship & the Law, Volume 9, Issue 1, 2016, Available at SSRN: https://ssrn.com/abstract=2776289 What warranties apply to sales online?US state and federal law set out warranties that apply to the sale of goods. The law is mostly state law, and the law in the individual states is substantially the same because all of them have adopted the Uniform Commercial Code (the "UCC") in substantially the same form. This law applies both to on and off-line sales. Some states have additional laws that apply to sales to consumers, and federal law provides some special rules for sale of "consumer goods." Other federal laws deal with the granting of credit for consumer sales and disclosure of credit terms. There are also state statutes that apply to the sale of specific kinds of goods such as new cars, recreational vehicles, boats and mobile homes. These special statutes differ from state to state. Can I disclaim warranties for my online sales?In the context of Internet sales, disclaimers of warranties should be plainly visible to customers before they make a purchase. Courts may find that the disclaimer of a warranty is conspicuous even if contained within product packaging and not discovered before the purchase of the product. To be on the safe side, the buyer should be made clearly aware of the disclaimer within the contract prior to the purchase, either by contrasting font near the description of the product or in a pop up box relating the details of the disclaimer. A hyperlink to such information is likely not enough. Which is a requirement for an express warranty?Requirements for Express Warranty
A statement must be made by the seller about the product/service being offered, giving the buyer a description of the product/service or by providing the buyer with a sample of the product/service.
What are the three ways an express warranty can be made?Express warranties may also be provided in three key ways: Via supplier affirmation to a purchaser regarding the products. Via description of services or goods. Via a model or sample, which are used during the bargaining or sales negotiations process.
What is true about express warranties?An express warranty can take several different forms, whether spoken or written, and is basically a guarantee that the product will meet a certain level of quality and reliability. If the product fails in this regard, the manufacturer will fix or replace the product for no additional charge.
How does a seller create an express warranty?Express warranties are created by the conduct of the seller. That conduct, if it is "part of the basis of the bargain," includes statements ("affirmations") of fact or promises relating to the goods, descriptions of the goods, or the use of a sample or model of the goods.
|